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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Newfield Exploration ) File No. EB-FIELDSCR-12-00005482
Owner of Antenna Structure )
34'0 52' 28.46" N, 095'0 48 `11.6" W ) NOV No. V201332500029
)
McAlester, Oklahoma )
NOTICE OF VIOLATION
Released: December 21, 2012
By the District Director, Dallas Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's Rules (Rules) to Newfield Exploration, owner of an
antenna structure in McAlester, Oklahoma. Pursuant to Section 1.89(a)
of the Rules, issuance of this NOV does not preclude the Enforcement
Bureau from further action if warranted, including issuing a Notice of
Apparent Liability for Forfeiture for the violation(s) noted herein.
2. On November 11, 2012, agents of the Commission's Dallas Office
inspected the antenna structure located at 34'0 52' 28.46" N, 095'0 48
` 11.6" W in McAlister, Oklahoma, and observed the following
violation(s):
a. 47 C.F.R. S: 17.4(a): "Effective July 1, 1996, the owner of any
proposed or existing antenna structure that requires notice of
proposed construction to the Federal Aviation Administration must
register the structure with the Commission. This includes those
structures used as part of stations licensed by the Commission for
the transmission of radio energy, or to be used as part of a cable
television head end system. If a Federal Government antenna structure
is to be used by a Commission licensee, the structure must be
registered with the Commission." The agents checked the Antenna
Structure Database and found that the structure was not registered.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Rules, we seek additional information
concerning the violations and any remedial actions taken. Therefore,
Newfield Exploration must submit a written statement concerning this
matter within twenty (20) days of release of this Notice. The response
(i) must fully explain each violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of
the specific action(s) taken to correct each violation and preclude
recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself
and must not be abbreviated by reference to other communications or
answers to other notices.
4. In accordance with Section 1.16 of the Rules, we direct Newfield
Exploration to support its response to this Notice with a signed and
dated affidavit or declaration under penalty of perjury, verifying the
truth and accuracy of the information therein, and confirming that all
of the information requested by this Notice which is in its
possession, custody, control, or knowledge has been produced. To
knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or
imprisonment under Title 18 of the U.S. Code.
5. All replies and documentation sent in response to this Notice should
be marked with the File No. and NOV No. specified above, and mailed to
the following address:
Federal Communications Commission
Dallas Office
9330 LBJ Freeway, Suite 1170
Dallas, Texas, 75243
6. This Notice shall be sent to Newfield Exploration at its address of
record.
7. The Privacy Act of 1974 requires that we advise you that the
Commission will use all relevant material information before it,
including any information disclosed in your reply, to determine what,
if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
James D. Wells
District Director
Dallas District Office
South Central Region
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Rules provides that "[a]ny document to be filed with
the Federal Communications Commission and which is required by any law,
rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification,
certificate, statement, oath or affidavit by the person making the same,
may be supported, evidenced, established or proved by the unsworn
declaration, certification, verification, or statement in writing of such
person . . . . Such declaration shall be subscribed by the declarant as
true under penalty of perjury, and dated, in substantially the following
form . . . : `I declare (or certify, verify, or state) under penalty of
perjury that the foregoing is true and correct. Executed on (date).
(Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
2
Federal Communications Commission